Bill Text: NY A02150 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes "Brendan's law"; requires child day care centers and certain other facilities installing new or replacement window coverings to install cordless window coverings; requires child day care centers and certain other facilities that have window coverings in place before the effective date of this section to meet safety standards established in ANSI/WCMA A 100.1-2012 or any successor standard.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2022-12-28 - approval memo.77 [A02150 Detail]

Download: New_York-2021-A02150-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2150

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, GUNTHER, WEPRIN, FAHY --
          Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, PERRY --  read  once
          and referred to the Committee on Children and Families

        AN  ACT  in  relation  to  establishing  Brendan's law; and to amend the
          social  services  law,  in  relation  to  requiring  cordless   window
          coverings in child day care centers and certain other facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and  may  be  cited  as  "Brendan's
     2  Law".
     3    §  2. The social services law is amended by adding a new section 390-m
     4  to read as follows:
     5    § 390-m. Cordless window coverings required. 1. For purposes  of  this
     6  section the following terms shall have the meanings set forth below:
     7    (a)  "Beaded chain" means a cord with a series of small spheres, typi-
     8  cally made of metal or plastic.
     9    (b) "Cord loop" means a loop formed by an inner  cord  that  does  not
    10  diminish in size when the force used to create the loop is removed.
    11    (c) "Cordless window covering" means:
    12    (i) a horizontal blind or cellular shade that has no draw cord and the
    13  internal lift cord runs in the slats of the horizontal blind so that the
    14  cord  is  incapable  of forming a loop greater than 4 inches in diameter
    15  resulting in a 12-inch maximum circumference;
    16    (ii) a Roman shade, roll-up blind, or woven shade  that  has  no  draw
    17  cord and the lift cord is completely enclosed so that it is not accessi-
    18  ble;
    19    (iii)  a vertical blind that has a wand as its operating mechanism and
    20  does not contain any beaded chains, corded pulleys, or other  cord  loop
    21  operating mechanisms; and
    22    (iv) a roller shade that does not contain a cord or beaded chain.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00337-02-1
        A. 2150                             2

     1    (d) "Draw cord" means any form of rope, strap, or string used to raise
     2  or lower a window covering.
     3    (e)  "Internal  lift  cord"  means a cord that is contained inside the
     4  body and rails of the blind or shade.
     5    (f) "Wand" means a rigid material used for manual operation.
     6    2. Any child day care center as defined in paragraph (c)  of  subdivi-
     7  sion one of section three hundred ninety of this title or any authorized
     8  agency  as  defined in paragraph (a) of subdivision ten of section three
     9  hundred seventy-one of this title including any agency boarding home  or
    10  group  home installing new or replacement window coverings shall install
    11  cordless window coverings or window coverings with  inaccessible  opera-
    12  tional and inner cords.
    13    3.  Any  child day care center as defined in paragraph (c) of subdivi-
    14  sion one of section three hundred ninety of this title or any authorized
    15  agency as defined in paragraph (a) of subdivision ten of  section  three
    16  hundred  seventy-one of this title including any agency boarding home or
    17  group home that has window coverings in place  prior  to  the  effective
    18  date  of  this  section,  shall  meet  the  requirements  of ANSI/WCMA A
    19  100.1-2018 or any successor standard thereto, including standards for:
    20    (a) Roman  shades,  roll-up  shades,  woven  shades,  and  all  window
    21  coverings with exposed and unsecured cords;
    22    (b)  horizontal blinds, cellular shades, and all window coverings that
    23  have exposed draw cords for their operation; and
    24    (c) vertical blinds and other  window  covering  products  with  loops
    25  utilized in their operation.
    26    4.  If  a  person fails to comply with the requirements of subdivision
    27  three of this section, the authorized agency may require replacement  of
    28  existing  window  coverings  with  cordless  window  coverings or window
    29  coverings with inaccessible operational and inner cords.
    30    5. If the installation of a cordless window covering or window  cover-
    31  ing  with  inaccessible operational and inner cords is either impossible
    32  because such window coverings are unavailable or  impracticable  due  to
    33  the  window  size,  height  or  shape, then non-cordless window covering
    34  products that meet the requirements of ANSI A100.1-2018 or any successor
    35  standard adopted in accordance with ANSI procedures shall be  deemed  to
    36  meet  the  requirements  of  subdivision three of this section, provided
    37  that the impossibility or impracticability is documented by at least two
    38  people or entities located in this state that engage in the business  of
    39  selling window treatments.
    40    § 3. This act shall take effect twenty-four months after it shall have
    41  become  a  law.    Effective immediately, the addition, amendment and/or
    42  repeal of any rule or regulation necessary  for  the  implementation  of
    43  this  act  on its effective date are authorized to be made and completed
    44  on or before such effective date.